SEX DISCRIMINATION ACT 1975

Key Statutes:

• The Sex Discrimination Act 1975 prohibits discrimination on the basis of a person’s gender. The Act also protects against discrimination because of marital status.
• The Equal Pay Act 1970 requires all employers to pay men and women the same amount for performing the same job.
• The Equal Opportunities Commission (EOC) established a Code of Practice 1985. Businesses must demonstrate adherence to the code by providing equal opportunities to members of both sexes in the workplace.
• The Employment Equality Regulations 2003 states it is illegal for employers to discriminate against a person because of sexual orientation.

This type of conduct at work is illegal. Anyone subjected to this behaviour in the workplace can seek justice and financial redress.

Everyone is entitled to protection and the law caters for men and women equally, acknowledging that both sexes can suffer. The legal understanding is the act of treating someone less favourably because of gender. In practise, victims are more often women than men.

A person subjected to this at work may need to take the complaint to an employment tribunal. Legal advice should be sought immediately from a specialist solicitor able to determine whether the claimant has a valid case. An employment law solicitor will provide advice on how to proceed. A solicitor can also establish the amount of money to be claimed for. There is no limit to the compensation that can be awarded in these cases.

In legal terms there are two categories:

• Direct
  Where a person is treated differently because of their gender
• Indirect
  When a requirement or condition provides members of one gender with an advantage over members of the other

Indirect relates to obligatory requirements that are easier for members of one gender to comply with. For example, a job advertisement requiring applicants to be six foot or more in height is indirectly discriminatory against women. This would be discrimination, because the vast majority of people taller than six foot are men and therefore most women would be disqualified from applying for the post.

Some instances of sex discrimination are acceptable under English law. Legal exceptions include instances where employers can show a reasonable justification for a particular requirement. For example, an agency may advertise for a female model to advertise women’s fashion or a male model for a men’s catalogue.

It is unlawful for employers to dismiss employees or treat them less favourably because they have a condition unique to their gender. For example it is illegal to dismiss an employee when they are pregnant or for taking time off for maternity leave or antenatal care.

We are able to offer a wide range of employment law advice including :-

• unfair dismissal
• constructive dismissal
• redundancy
• racial discrimination
• sex discrimination
• racial harassment
• sexual harassment
• disability discrimination
• workplace bullying law
• compromise agreements
• age discrimination
• victimisation
• equal opportunities
• discrimination through pregnancy
• transfer of undertakings
• working time regulations
• commercial agents
• religious discrimination
• discrimination on the grounds of sexual orientation

If you believe you have a claim, it is important to get advice from a solicitor specialising in the field of employment law. The specialist knowledge of an employment law solicitor is vital in pursuing a claim to the best conclusion. If you would like advice just telephone us for free intial advice.